Italian Cassation Court ordinance No. 26594/2019 states a new alimony parameter for ex- spouses. In particular, the ex-wife – still in her working-age – who voluntarily resigns from her permanent job and who renounces to a fixed income is not entitled to alimony.
In the present case, the husband children custody with contextual alimony obligation for the ex-wife. However, the Court of Appeal has found the woman did not comply with her parental duties without exercising her visiting rights nor paying child contribution. Furthermore, she resigned from her job without seeking another source of income exclusively relying on alimony. Under these circumstances, the Court of Appealed revoked alimony. Then, the ex-wife appealed against this decision in front of the Court of Cassation.
The Supreme Court confirms that alimony is an economic assistance measure that only takes place whether the other spouse is unable to care for him/herself. Then, alimony purpose is not restoring spouses’ standard of living during the marriage. On the contrary, alimony recognises the parental role of the economically weaker spouse by providing him/her an economic source of income.
Subsequently, the ex-wife voluntarily unable to care for herself is not entitled to alimony.